FOI Advocate Blog

The NFOIC open government blog is a compendium of original concepts and analysis as well as ideas, edited excerpts and materials from a variety of sources. When the information comes from another source, we will attribute it and provide a link. The blog relies on the accuracy and integrity of the original sources cited; we will correct errors and inaccuracies when we become aware of them.

For Advocate posts prior to July, 2011, visit http://foiadvocate.blogspot.com/.
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December 28, 2012 11:09 AM

State FOIA Friday News A few state FOIA and local open government news items selected from many of interest that we might or might not have drawn attention to earlier in the week:

NY paper publishes names of concealed gun permit holders

NEW YORK (AP) — A newspaper's publication of the names and addresses of handgun permit holders in two New York counties has sparked online discussions — and a healthy dose of outrage. The Journal News, a Gannett Co. newspaper covering three counties in the Hudson Valley north of New York City and operating the website lohud.com, posted a story Sunday detailing a public-records request it filed to obtain the information.

Visit KGW.com for the rest.

State Supreme Court sides with transparency in refusing to seal court records

CARSON CITY — The Nevada Supreme Court has ruled that court records in criminal cases should be open to the public for "an effective, functioning judicial system." The three-judge panel refused to seal the records of the federal public defender's office, although some of the items may be embarrassing that show inappropriate conduct by the lawyers.

Visit Las Vegas Sun for the rest.

South Bay officials charged in Sunshine Law scandal

Three elected officials in South Bay have been suspended from office after being charged with Sunshine Law violations. The Palm Beach Post reported Thursday that Gov. Rick Scott has suspended South Bay Mayor Shirley Walker-Turner, vice mayor Linda Johnson and commissioner John Wilson.

Visit The Ledger for the rest.

Lake Wales warned about its records by open government expert

LAKE WALES — A Florida open government expert recently warned Lake Wales City Manager Terry Leary and Mayor Mike Carter to be careful about the city's public records policy. The warning came after a dispute over whether the city manager will now review large records requests.

Visit The Ledger for the rest.

NJ payroll company waives fee for public records

The former payroll service provider for Raritain Borough being sued by the Gannett New Jersey newspapers has waived the $1,100 fee it charged to convert the borough’s payroll records into the electronic format requested by the newspaper in 2008. ... In a ruling hailed as a victory for open government, Superior Court Judge Yolanda Ciccone in August said that the newspaper company was entitled to the payroll and overtime information in easy-to-analyze electronic format even though the raw data was located on computers owned by the payroll company. ... The borough finally produced the payroll information on Excel spreadsheets just this week.

Visit Daily Record for the rest.

Beaufort County legislators support renewed effort to reform SC FOIA

Beaufort County legislators pledged Wednesday to support a bill in the S.C. House of Representatives intended to speed government response to requests for information. Rep. Bill Taylor, R-Aiken, filed a bill Tuesday that would close loopholes in the state's Freedom of Information Act allowing S.C. agencies, school districts, towns and cities to drag their feet filling records requests.

Visit The Island Packet for the rest.

'Special admissions' bring colleges top athletes, educational challenges

It has become part of college sports -- as ingrained as dunks and FieldTurf -- for large universities to accept prized basketball and football recruits and other athletes under more forgiving admissions criteria than are used for other students. Less understood is what happens to these top athletes once they arrive in their college classrooms. Do their grades ever catch up to those of their teammates or the rest of the student body? Do they remain in school and graduate? Interviews and documents, obtained by The Baltimore Sun through more than a dozen public records requests, offer a rare profile of hundreds of these athletes and show that the "special admits" typically have not performed as well as other players in the classroom and pose unique and expensive academic challenges at the University of Maryland, North Carolina State, Georgia Tech and other schools.

Visit The Baltimore Sun for the rest.

IA: Rubashkin attorney speaks out about new FOIA lawsuit

An attorney from the Washington-based Jones Day law firm, in an exclusive interview with Yated, said he hopes a current multi-pronged FOIA lawsuit on behalf of Sholom Rubashkin will uncover significant evidence that can be instrumental in gaining relief for him. The lawsuit was filed by Mr. Larry Rosenberg in September 2011, in a second, much broader effort to obtain full disclosure from all four federal agencies involved in the 2008 federal investigation leading up to the Postville raid, and the subsequent Rubashkin trial.

Visit Yated Ne'eman for the rest.

FOI officer probing Preston referendum

Preston, Conn. — A state Freedom of Information Commission official has agreed to examine events surrounding a Nov. 27 referendum in which an $8 million environmental loan package was defeated by Preston voters. First Selectman Robert Congdon said selectmen didn’t file formal complaints with the commission, but FOI Public Education Officer Thomas Hennick will conduct an informal review of the vote.

Visit Norwich Bulletin for the rest.

August 24, 2012 3:27 PM

A few state FOIA and local open government news items selected from many of interest that we might or might not have drawn attention to earlier in the week:

Judge to hear arguments in public records dispute

DOVER — A Superior Court judge has scheduled oral arguments in a case that will determine if a Kent County sewer and water utility is subject to Delaware’s public records law or if the entity can continue to keep its detailed financial and operational documents private.

Visit Delaware Online for the rest.

Phone bill ruling confirms public's right to know

A ruling by Superior Court Judge Howard E. Manning Jr. regarding a former UNC-Chapel Hill football coach's cell phone bills applies to all public officials and employees. In response to a public records challenge, Manning ruled that the telephone bills of former UNC coach Butch Davis are in the public domain and as such must be disclosed.

Visit Hickory Daily Record for the rest.

Public records advocate sues school board over release of emails

BARTOW | A Lakeland open government activist is suing the Polk County School Board for what he contends is the board's unlawful refusal to provide public records. Joel Chandler filed a Circuit Court lawsuit Wednesday against the School Board and Superintendent Sherrie Nickell. Chandler is trying to get access to hundreds of potential emails exchanged between School Board members Frank O'Reilly and Kay Fields during four months of 2011.

Visit The Ledger for the rest.

'We the People' goes open-source

The Obama administration's "We the People" online petitions platform has been open-sourced, allowing other individuals or groups to tailor the system for their own use. The "We the People" code was released under the GNU General Public License yesterday, and is now available on GitHub

Visit CNET for the rest.

Daugaard and South Dakota AG urge open government

PIERRE | Gov. Dennis Daugaard said Wednesday that South Dakota government should be as open as possible so people can find out what the state and local governments are doing. Daugaard and Attorney General Marty Jackley appointed the 33-member task force, which intends to recommend changes in laws dealing with open meetings and the availability of documents held by state agencies and local governments. The panel includes representatives of news organizations, law enforcement officials and prosecutors, and officials from cities, counties and school districts.

Visit Rapid City Journal for the rest.

Durand officials, businessman clash over FOIA fees

DURAND — A new dispute between local business owner Carl Hatley and Durand officials concerns the city’s cost estimate of more than $11,000 to produce public records requested by Hatley through the Freedom of Information Act. Officials say the fee is justified by the broad scope of the request, while Hatley, the owner of Railway Pizza on Saginaw Street, says language on the city’s website — an “error” that was removed after he made the request — indicates he shouldn’t be charged anything.

Visit The Argus-Press for the rest.

California Legislature: Open data initiative to see final vote next week

The California Public Records Act requires state and local government agencies make documents not exempt from disclosure available to the public upon request so that residents can monitor how their government is functioning. Currently agencies are required to produce any electronic document considered a public record in whichever electronic format the document is maintained. A bill authored by Senator Leland Yee (D-San Francisco) would create an open data standard for electronic documents making government more transparent and accountable.

Visit California Forward for the rest.

Open government: It is the principle of naming school principal that matters

Governing groups can go into executive session -- which means behind a closed door, shut off from the public -- for specific matters, such as negotiations. But they must vote openly, as required under the Freedom of Information Act, which has guided public disclosure for more than 35 years in Connecticut. The Danbury Board of Education did vote in public, but did not disclose who they were voting for as the new principal of Stadley Rough Elementary School.

Visit The News-Times for the rest.

June 18, 2012 11:23 AM

From WFAE:

Of the 115 requests Charlotte-Mecklenburg Police Department received since the start of last year, nearly 40 percent were from lawyers and about a third of them got a full response in a month or less. By contrast, there other records requests going on five and six months without a resolution - they tend to be a lot more broad and complicated.

[...]

Then again, North Carolina's public records laws leave a lot of wiggle room for governments, which is why the state earned an "F" for "public access to information" on a recent report card by a journalism collaboration called the State Integrity Investigation.

May 4, 2012 3:30 PM

From Hickory Daily Record:

The Hickory City Council meeting on Tuesday was an exercise in open government. A Hickory resident took advantage of a statement on the agenda to force discussion on an issue, and the state’s open records law was illuminated for all to hear.

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